Page 48 - UFCW Union Steward Handbook

STEWARD’S ROLE IN REPRESENTING IMMIGRANT WORKERS

hours. This law also prohibits an employer from working employees
off-the-clock. Immigrant workers are also protected by federal anti-
discrimination laws that prohibit discrimination in hiring, placement,
promotion, and discharge based on race, color, national origin, sex,
or religion. They also have all rights afforded other workers under the
Family and Medical Leave Act, the Age Discrimination in Employment
Act, the Americans with Disabilities Act as well as the Occupational
Safety and Health Act.

Requirement That All Workers Demonstrate Work
Authorization
Federal immigration law requires that all workers be authorized to work
in the U.S. Specifically, the law requires an employer to verify every
worker’s employment eligibility on the Form I-9 by examining identity
and work authorization documents the worker presents within days after
hire. The employer and the worker fill out different sections of Form I-9
and sign the form. Stewards should never be in the position of checking a
co-worker’s work authorization; this is the employer’s responsibility.
E-Verify, a federal database for checking work authorization, is voluntary
under federal law and designed to check work authorization of new
hires only (unless the employer is a federal contractor). After checking
employment eligibility at hire, an employer usually can examine a work
authorization document only if it contains an expiration date. However,
an expired passport is not the basis for reverification.
If you become aware that an employer is targeting immigrant workers
to continually reprove work authorization, you should alert your
representative, as this may be a possible grievance, as well as an issue to
organize around.

Stewards Should Be Aware of Social Security No-Match Issues
A “Social Security no-match” occurs when an employee’s Social
Security number (SSN) in the Social Security Administration’s (SSA)
records does not match the name provided with the number. The SSA
notifies the employer of the discrepancy because the agency wants to
properly credit workers’ earnings to their Social Security accounts. The
SSA asks employers to check their records and update the agency if
there is new information.

46 UFCW UNION STEWARD HANDBOOK